Dáil debates

Thursday, 3 October 2013

Freedom of Information Bill 2013: Second Stage (Resumed)

 

12:50 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank Deputy James Bannon for his contribution and facilitating mine.

I am grateful for the opportunity to speak on this new legislation. I welcome the Bill as it will restore the freedom of information legislation to its pre-2003 state and extend its remit to all public bodies, subject to some exemptions. It will also seek to provide a framework for the extension of freedom of information to non-public bodies in receipt of significant State funding. This is a positive development, which it is important to hear from the Opposition benches.

In any open and democratic society the words "freedom" and "information" are keys that state the State cares about and is honest with its citizens. This is the reason this legislation is so important and relevant to the Ireland of today and the past ten years. The people want accountability and transparency. Sadly, they do not get enough of them, particularly in the case of the Government and public bodies. Therefore, I welcome this legislation.

Huge mistakes were made in the past and we need to ensure they will never happen again. Reform and change are important. The Bill is part of that reform, but we all need to go further than this. We need to ensure we will have a more open, inclusive and democratic society, with proper checks and balances. For that reason, I am sad that this week the Government is about to close down the Seanad and spending €14 million to do so. The Seanad abolitionists are opposed to reform and change and real democratic accountability.

I urge the public to vote "No" on Friday. A "No" vote will bring huge reforms. A "Yes" vote will abolish part of our democratic system. I link this to the Freedom of Information Bill as I care passionately about democracy, reform and change.

The Freedom of information Act 1997 established statutory rights, including the right of access to records held by a public authority, the right to be given reasons for a decision, where personal information in a record is incomplete, incorrect or misleading the right to have the record amended, and the right to information regarding facts about public bodies affecting the person seeking the information. The 2003 regulations included a range of fees including a €15 fee for a freedom of information request, €75 for an internal review application and €150 for an application to the Information Commissioner to review the decision of a public body.

The Bill will reverse certain provisions of the Freedom of Information Act 2003, including provisions on the mandatory protection of Government records which power is now discretionary and the period of protection for Government records. Certain changes to the fee regime will be introduced by way of order following enactment of the Bill. It will extend coverage of the freedom of information legislation to public bodies, subject to some exemptions, and to non-public bodies significantly funded by the Exchequer. We must have accountability and transparency. The Bill extends to the administrative functions of the Garda Síochána. These are the bones of the legislation and the main provisions of the Bill.

When dealing with the Freedom of Information Bill it is important to examine Ireland's history. Many of us feel that since its foundations Ireland has been centralised and too secretive, and far from a model of openness and transparency. The enactment of the Emergency Powers Act 1939 and the amending and strengthening of the Officials Secrets Act in 1963 are notable examples of the traditional lack of transparency on the part of the State. We can learn from history and try not to repeat our mistakes.

We also have major issues with regard to our justice system. Each week I received five or six calls from people to the Dáil or my constituency office in Donnycarney asking about major miscarriages of justice and seeking accountability and information. We had the James Sheehan case in Ardfert in County Kerry and the Fr. Niall Molloy murder case. We have also had the great work done by Gemma O'Doherty on this issue. Another issue which has emerged, and I fully respect one must be sensitive to certain aspects of policing, is with regard to the Garda Síochána. Many families have approached me with regard to young vulnerable people on the fringes of gangs in Dublin city, who might be involved in a small bit of smoking illegal substances. They are encouraged by some members of the Garda to get involved in gangs so they can give information. The families are very worried they will be sucked into more dangerous situations. We must be conscious of this and it must be examined very carefully. Many people have major concerns about the Omagh bombing and I strongly support the families. These are all examples of where the State did not do its job in a professional and objective manner and raise issues of openness and transparency. Those Independent Deputies who ask these questions should not be dismissed. They should be examined seriously because they come from citizens of the State who deserve accountability and transparency.

It is important that we reflect on the issue of information. According to the Information Commissioner at the time, the single biggest contributory factor to the drive for the freedom of information legislation was the conclusion of the beef tribunal which made quite unsavoury findings about the behaviour of certain Ministers and Departments with regard to the beef industry. Favourable treatment was given to a particular operator at the expense of other operators and, more particularly, at the expense of taxpayers. This is why I support the legislation. I hope it is part of the reform agenda.

We were all elected through a change in Irish politics. We all made commitments on the doorsteps in 2011 that we would push for reform, change, openness and accountability. People told me to go in there, do my best and be honest. Everybody in Fianna Fáil, Fine Gael, the Labour Party, Sinn Féin and Independent Deputies gave this commitment. If we are serious about this we will support the legislation. Of course it can be tweaked and amendments can be made and we will do this also. The Minister indicated he has accepted some of the sensible proposals made by the Technical Group. I know Deputy O'Donovan has problems with this at times but he can get over it.

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